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Only one question is if she does not have ability she can not

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Only one question is if she does not have ability she can not pay.If he is is working is there any chance that he will say he can not pay ? or he is responble for pay at any cost ?If judgement is in my favor in Ga ,i need to go where ever he is to colloect the money ,right ?
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Pro replied 1 year ago.
Hi!

Only one question is if she does not have ability she can not pay.

 

Then he will have owe or have to pay. That's what you get when you get a judgment against them both - joint and several liability for the entire debt. So he will have to pay, she will have to pay OR both of them will have to pay. Whatever they have to do to pay off your judgment against them.

 

Too, since the judgment is against both of them - joint spousal property is NOT protected from judgments against only 1 spouse.

 

Generally, if you get a judgment only against 1 spouse - you can't go after marital or jointly owned property. But, when you get a judgment against both spouses - you can go after any and all property they own.

 

 

 

 

If he is is working is there any chance that he will say he can not pay ?

 

If he's working you can garnish his wages.

 

Here's what the law is on judgment in NJ (which it would be a judgment in NJ once you transfer the judgment from GA to NJ):

 

A judgment in the State of New Jersey generally may be enforced or revived for a period of twenty (20) years from the date of entry (Sec. 2A:14-5.) All non-exempt real estate and personal property of a judgment debtor may be levied upon and sold by executions for the payment and satisfaction of the judgment. However, no judgment obtained for the payment and satisfaction of any employment wage tax, including penalties, may be enforced pursuant to this section. (Sec. 2A:17-17, 2A:17-20.)

Upon application, a writ of execution of a money judgment may be issued against a judgment debtor's non-exempt goods and chattels, lands if such judgment is rendered in the Superior Court, and the judgment debtor's body if the court in which the judgment is rendered shall, by special order, so direct and shall designate in said order the maximum number of days during which the judgment debtor may be detained in custody under such body execution, in no case to exceed one hundred days. (Sec. 2A:58-4.)

Generally, when execution of the judgment is against the wages, debts, earnings, salary, income from trust funds or profits of a judgment debtor, notice of such wage execution to the judgment debtor is required. (Rule 4:59-1(d), Rules of Court.) The notice of wage execution shall be served on the judgment debtor in accordance with Rule 1:5-2. The judgment debtor may request a hearing to object to the wage execution within ten (10) days of receipt of the written notice, and a hearing will be scheduled by the clerk of the court within seven (7) days of receipt of the objection. The judgment creditor may waive in writing the right to appear at the hearing on the objection and rely on the papers submitted. However, in no case shall the amount specified in an execution issued out of any court against the wages, debts, earnings, salary, income from trust funds or profits due and owing, or which may thereafter become due and owing to a judgment debtor, exceed 10%, unless the income of such debtor shall exceed the sum of $7,500.00 per annum, in which case the court may order a larger percentage. (Sec. 2A:17-56.)

 

or he is responsible for pay at any cost ?If judgment is in my favor in Ga ,i need to go where ever he is to collect the money ,right ?

 

Correct - they both individually or jointly owe the debt. Yes, you have to go to where they reside (or have assets) to collect the debt. For instance - if they have lake front property in NY - you can execute upon their NY property by transferring the judgment to NY.

 

 

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Law Pro, Attorney
Category: Business Law
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Experience: 20 years experience in business law - sole proprietor, partnership, and corporations
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